01-09-1989CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
January 9, 1989
MEMBERS PRESENT: Steven Quam, Mayor; Edwina Garcia; Ivan
Ludeman; Michael Sandahl; and Martin RirscYi.
STAFF PRESENT: James Prosser, City Manager; Steven Devich,
Administrative Services Director; Thomas P.
Ferber, City Clerk; Donald Fondrick,
Community Services Director; Byron Wallace,
Community Development Director;, John Erskine,
Public Safety Director; William Fillmore,
Liquor Operations Director; Bruce Palmborg,
Housing and Redevelopment Coordinator; and
John Dean, City Attorney.
The meeting was called to order by Mayor Quam at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINQTES
M/Garcia, S/Kirsch
Meeting of December 12,
approve the Special Cit
Motion carried 5-0.
Item #1 OPPORT[JNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
No one wished to address the council.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Sandahl to approve the agenda.
Motion carried 5-0.
Council Meeting Minutes -2- January 9, 1989
Item #3 COPSENT CALENDAR
A. APPROVED PURCHASE IN EXCESS OF $5,000 FOR PURCHASE OF
HIGH SERVICE PUMP REPLACEMENT FOR THE WATER PLANT.
C.L. 6
B. APPROVED PURCHASE IN EXCESS OF $5,000 FOR WRECKER
ATTACHMENT FOR TOWING EQUIPMENT. C.L. 7
C. APPROVED ESTIMATE N0. 5 PAYMENT FOR PHASE TI ACADEMY
HOLY ANGELS FIRE & LIFE SAFETY RENOVATIONS METRO
BUILDING SYSTEMS $15,876.
D. ESTIMATE NO. 5 PAYMENT FOR PHASE II ACADEMY HOLY ANGELS
FIRE & LIFE SAFETY RENOVATIONS GORHAM-OIEN MECHANICAL
$5,182.05.
M/Sandahl, S/Kirsch to approve the consent calendar.
Motion carried 5-0.
Item #4 PQBLIC HEARING AND SECOND READII~ OF AN ORDINANCE
WHICH WOQLD RESTRICT THE ISSIIANCE OF BUILDING PERMITS
IN THE PENN AVENGE SIXTY-SIXTH STREET PLANNING AREA
(PASS). C.L. NO. 8
City Manager Prosser reviewed Council Letter No. 8 regarding
a proposed ordinance which would restrict the issuance of
building permits in the Penn Avenue Sixty-Sixth Street planning
aria.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated his
concerns that the moratorium would discourage private development
and favors tax increment financing. He suggested that goals for
redeveloping the area should address traffic flow and safety,
parking guidelines, and fiscal soundness.
City Manager Prosser stated that the purpose of the
moratorium was to allow time to initiate a redevelopment plan
that encourages orderly development. He stated that developers
indicate that they want (1) a clear direction and plan for the
area and (2) that some financial assistance would be necessary to
redevelop the area. He reviewed the work of the PASSE Advisory
Committee.
Council Meeting Minutes -3- January 9, 1989
Kevin Tharp, 3738 Lyndale Avenue, co-owner of 6520 Penn
Avenue, asked if there would be a corresponding moratorium on
taxes and the impact of the moratorium on his request for
modification and reconsideration of the special use permit for a
restaurant at 6520 Penn Avenue.
City Attorney Dean stated that there would not be a
moratorium on taxes under the terms of this ordinance and that
the reconsideration can occur because the special use permit was
issued prior to the moratorium
Charles Banks, 5140 44th Avenue, representing Bob's Small
Engine, suggested that there be more communication regarding
potential plans for the area.
City Manager Prosser stated that community meetings would be
conducted in the near future.
Vern Viet, owner of 6636 Penn Avenue, stated opposition to
the moratorium.
John Cabiddu, owner of 6632 Penn Avenue, suggested a
blueprint and plans for the area be presented to the property
owners prior to considering a moratorium. He stated he had heard
rumors about redevelopment of the area.
Mayor Quam reviewed issues relating to the advantage of
. developing a plan for the area.
Council Member Sandahl stated that the moratorium did not
prevent the sale of property in the area. He stated it would
prevent piecemeal development of the area while a plan is being
prepared,
Vern Viet asked if that was the Planning Commission's role.
Council Member Sandahl stated that the Planning Commission
was governed by State Statutes in what it can approve or deny.
Kevin Tharp expressed concern that existing property owners
would be forced out by large developers and that the City is
discouraging automotive and fast food restaurant uses in the
area.
Mayor Quam stated that the involvement and support of
existing property owners is important. He stated that the City
wants to provide the opportunity to reconfigure the properties to
meet the needs of the market.
Vern Viet stated that he felt the PASSS Advisory Committee
had been given inadequate information and time to consider the
moratorium issue.
Council Meeting Minutes
-4- January 9, 1989
Louise Sterner, owner of 6417 Penn Avenue, stated opposition
to the building moratorium indicating that it makes it difficult
to lease properties and can lead to property deterioration.
Mayor Quam reviewed the proposed ordinance provisions which
provide exceptions for building improvements under X25,000 or
improvements that do not increase the fair market value of the
property by more than 10$.
Charles Banks, representing Bob's Small Engine, asked that
additional time be given for discussion and explanation of the
moratorium prior to final council action.
Bob Jaeger, 2408 West 65-1/2 Street, stated concern that
changes in the area not have a negative impact on the adjacent
residential area.
Dan O'Neal, 6713 Queen Avenue, expressed concern about the
impact on residential property values adjacent to the area.
Council Member Sandahl stated that there is no guarantee
regarding property values, however, residential areas adjacent to
the LHN generally show increased value.
Hugh Maynard, attorney representing Pioneer Life Insurance
Company, owner of 6344 Penn Avenue, stated opposition to the
moratorium and stated it has a negative impact on the potential
sale of this property.
Richard Erickson, 2208 West 68th Street asked whether his
property was within the moratorium area.
City Manager Prosser asked HRA Coordinator Palmborg to
review the map with him.
City Manager Prosser reviewed the presentation of the
moratorium at the December 6 PASSS Advisory Committee Meeting.
He reviewed the mailed notice of tonight's hearing on this issue
and phone calls received regarding this issue. He stated the
moratorium is a necessary tool to provide time for a plan and
prevent development which could hinder redevelopment.
M/Sandahl, S/Garcia to close the public hearing.
Motion carried 5-0.
Council Member Garcia reviewed the positive aspects of the
planning process and diversification of the tax base.
Council Member Rirsch stated that the Planning Commission
and HRA had recommended that the building moratorium be used as a
tool for providing time to develop a Master Plan.
M/Rirsch, 5/Garcia that this constitute Second Reading of
Bill No. 1989-1, that it be published in the official newspa er
and that it be made part of these minutes.
Council Meeting Minutes -5-
• Council Member Ludeman stated that
that the property owners understand and
moratorium. He stated that he supports
of this ordinance until further meeting
for further discussion and understanding
property owners.
January 9, 1989
it was his main concern
are informed about the
postponing Second Reading
can be held to provide
~ of the moratorium by the
Mayor Quam asked how long the temporary moratorium
resolution passed by the council on December 12, 1988 would
remain in affect.
City Attorney Dean stated the resolution could remain in
affect a maximum of 120 days.
City Manager Prosser suggested that if the moratorium issue
were to be postponed that it be referred to the HRA and that the
PASSS Advisory Committee continue to work on the planning
process.
Mayor Quam stated the importance of communication and for
the property owners to understand this process. He stated that a
delay could provide additional time for further information.
Council Member Sandahl noted that postponing it could also
ultimately lengthen the time the moratorium would be in affect.
Council Member Kirsch withdrew the motion that this
constitute Second Reading of Bill No. 1989-1, that it be
published in the official newspaper and that it be made part of
these minutes.
Council Member Garcia withdrew her second of the original
motion.
M/Ludeman, S/Kirsch to reopen the public hearing and to
continue the public hearing for consideration of an ordinance
which would restrict the issuance of building permits in the Pen
Avenue Sixty-Sixth Street Planning Area to the February 27. 1989
city council meeting.
Motion carried 5-0.
Item #5 PIIBLIC HEARING AND SECOND READING OF AN ORDINANCE TO
AMEND THE CITY CODB TO PROHIBIT THE PARKING OF OTILITY
TRAILERS IN FRONT AND SIDEYARDS. C.L. 9
City Manager Prosser reviewed Council Letter No. 9 regarding
a proposed ordinance amendment which would require that the
parking of utility trailers comply with the same parking
requirements as recreational vehicles.
Council Meeting Minutes -6- January 9, 1989
M/Ludeman, S/Rirsch to close the public hearing.
Motion carried 5-0.
M/Ludeman, S/Rirsch that this constitute Second Reading of
-Bill No. 1989-2, that it be published in the official newspaper
and that it be made part of these minutes.
Motion carried 5-0. .
Item #6 PUBLIC HEARING ON A REQUEST FOR A TEL~ORARY CONDITIONAL
IISE PERIKIT FOR RODEWAY IN GUEST VEHICLE PARKING AT 1420
EAST 78TH STREET (ACRNOWLEDGBMSNZ' OF PUBLIC HEARING
NOTICE - REQOEST WITHDRAWN JANUARY 5, 1989) C.L. 10
City Manager Prosser reviewed Council Letter No. 10
recommending the cancellation of the scheduled public hearing on
a request for a temporary conditional use permit for vehicle
parking at 1420 East 78th Street for overflow parking for Rodeway
Inn guests. He stated that Jeff Bemel of Rodeway Inn has
requested withdrawal of the application.
M/Sandahl, S/Ludeman
Item #7 PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL IISE
PERMIT TO OPERATE THE UGLY DUCKLING RENT-A CAR BIISINESS
AT 6405 CEDAR AVENUE. C.L. 11
City Manager Prosser reviewed Council Letter No. 11
regarding a new request for a conditional use permit to allow the
operation of the Ugly Duckling Rent-A-Car business at 6405 Cedar
Avenue.
JoAnne Jankowski, attorney representing the applicant,
stated that the applicant had been able to secure a long term
lease for the site, therefore, the improvements required by the
City can now be made.
1
Discussion followed regarding the applicants use of the site
without a conditional use permit and the escrow provisions of the
recommended action.
Motion carried 5-0.
Council Meeting Minutes -7- January 9, 1989
M/Ludeman, S/Rirsch to close the public hearing.
Motion carried 5-0.
M/Sandahl, S/Rirsch to approve the requested conditional u
permit for a rent-a-car business (Ugly Duckling rent-A-Car) at
6405 Cedar Avenue as submitted with the following stipulations:
1. The offstreet parking area be improved in accordance
with City Ordinance.
2. The offstreet parking area be landscaped and screened
subject to staff approval.
3. The premises not be utilized for vehicle repair nor
storage of inoperable vehicles.
4. A cash escrow in an equivalent amount to cover the cost
of landscaping, parking and screening improvements be
" provided to the City to ensure completion according to
City requirements and that the landscaping escrow be
held for one year to ensure maintenance and viability of
the landscaping.
Discussion was held regarding amending the motion to require
that the cash escrow be provided within a certain set number of
days (30 or 7 days). City Attorney Dean advised the council on
how to make the cash escrow precedent to the issuance of the
conditional use permit.
Council Member Sandahl with the concurrence of Council
Member Rirsch amended the original motion and stated the
following motion for adoption.
M/Sandahl, S/Rirsch to approve the conditional use permit
for a rent-a-car business (Ugly Duckling rent-A-Car) at 6405
Cedar Avenue as submitted with the following stipulations:
1. The offstreet parking area be improved in accordance
with City Ordinance.
2. The offstreet parking area be landscaped and screened
subject to staff approval and that a cash escrow be
deposited with the City to ensure completion according
to City requirements and that the landscaping escrow be
held for one year to ensure maintenance and viability of
the landscaping.
3. The premises not be utilized for vehicle repair nor
storage of inoperable vehicles.
And, that no conditional use permit be issued unless wi
seven days of when the City informs the applicant of the req
amount of escrow, a cash escrow in an equivalent amount to c
the cost of landscaping, parking and screening improvements
provided to the Citv.
Motion carried 5-0.
Council Meeting Minutes -8- January 9, 1989
Item #8 CONSIDERATION OF A RESOLOTION APPROVING THE 1987, 1988
AND 1989 LOCAL ADDENDO1rI AND T-~R OF QNDERSTANDING TO
THE MASTER LABOR AGREEMENT WITH LOCAL 49 OF THB
INTERNATIONAL ONION OF OPERATING ENGINEERS AND THE CITY
OF RICHFIELD. C.L. 12
City Manager Prosser reviewed Council Letter No. 12
regarding approval of the 1987, 1988, and 1989 Local Addendum and
Letter of Understanding to the Master Labor Agreement with Local
49 of the International Union of Operating Engineers (IUOE) and
the City of Richfield.
Lawrence Wozniczka, 6744 Wentworth Avenue inquired if there
were any changes in coffee breaks or holiday pay. Administrative
Services Director Devich stated no changes had been made
regarding those issues.
M/Sandahl, S/Ludeman
RESOLUTION NO. 7497
RESOLUTION APPROVING LOCAL ADDENDUM TO MASTER LABOR CONTRACT
AND LETTER OF UNDERSTANDING BETWEEN THE
CITY OF RICHFIELD AND INTERNATIONAL UNION OF
OPERATING ENGINEERS (IUOE) AND THE CITY OF RICHFIELD.
Motion carried 5-0. This resolution appears as Resolution
No. 7497 in Resolution Book No. 57.
Item #9 COONCIL CONSIDERATION OF A RESOLOTION REQOESTING
CONVEYANCE OF TAX FORFEITED PROPERTY LOCATED AT 6500
OLIVER AVENGE AND APROVING POBLIC SALE OF TAX
FORFEITED PROPERTY LOCATED AT 6221 LYNDALE AVENUE.
C.L. 13
City Manager Prosser reviewed Council Letter No. 13
regarding a resolution requesting the conveyance of tax forfeited
property located at 6500 Oliver Avenue to the City and
authorizing the public sale of tax forfeited property located at
6221 Lyndale Avenue South.
1
Council Meeting Minutes -9- January 9, 1989
M/Rirsch, S/Sandahl that the followin~
adopted; that it be spread in the resoluti~
made part of these minutes:
RESOLUTION NO. 7498
esolution be
book and tha
RESOLUTION REQUESTING CONVEYANCE OF TAX FORFEITED PROPERTY
LOCATED AT 6500 OLIVER AVENUE SOUTH AND AUTHORIZING PUBLIC SALE
OF TAX FORFEITED PROPERTY LOCATED AT 6221 LYNDALE AVENUE SOUTH.
Motion carried 5-0. This resolution appears as Resolution
No. 7498 in Resolution Book No. 57.
Item #10 COUNCIL DESIGNATION OF COUNCIL MEMBERS TO ATTEND NLC
CONGRESSIONAL CONFERENCE IN WASHINGTON D.C. MARCH 11-14
1989. C.L. NO. 14
City Manager Prosser reviewed Council Letter No. 14
regarding council designation of council members to attend the
National League of Cities (NLC) Conference in Washington, D.C.
March 11-14, 1989.
Council Member Sandahl stated the importance of council
members attending this conference and not limiting the number who
can attend.
Mayor Quam reviewed the advantages in participating in this
conference and asked that the City's representatives attend .the
LMC National Policy Committee meetings that he and Council Member
Garcia are members.
M/Quam, S/Garcia to designate Council Member Ludeman and
Council Member Sandahl to attend the National League of Cities
Congressional Conference to be held in Washington, D.C. March 11-
14, 1989.
Item #11 CORRESPONDENCE/LEGISLATIVE REPORT
Council Members Ludeman and Sandahl indicated their
availability to attend legislative hearings during this session
of the. legislature.
Item #12 COONCIL DISCUSSION ITEMS
Council Member Sandahl requested that city staff provide the
Richfield Sun-Current with his letter to the editor regarding
airport issues.
Council Meeting Minutes -10- January 9, 1989
:.
Item #13 CLAIMS AND PAYROLLS
M/Sandahl, S/Ludeman that the following claims and payrolls
for 12/27/88 be approved:
RICHFIELD STATE BANR
Checks 10881-10933; 100922-101125 $ 804,967.00
FIRST MINNESOTA
Check 1082, 1083 $ 85,000.00
FIRST WESTERN BANK
Checks 4686-4713 $3,027,725.74
Checks 21399-21425; 21434-21786 Payroll $ 306,673.63
Motion carried 5-0.
M/Sandahl, S/Ludeman-that the following claims and payrolls
for 12/30/88 be approved:
RICHFIELD STATE BANK
Checks 10934-10953; 101130-101246 $ 259,959.01
FIRST WESTERN BANR
Checks 4714-4738 $ 807,147.25
Motion carried 5-0.
M/Sandahl, S/Ludeman that the following claims and payrolls
far 1/9/89 be approved:
RICHFIELD STATE BANR
Checks 10954-10994; 101250.-101342 $ 553,717.02
FIRST MINNESOTA
Check 1084 $ 20,000.00
FIRST WESTERN BANK
Checks 4739-4746 $ 274,186.15
Checks 21787-2.1821; 21822-22162 Payroll $ 300,503.87
Motion carried '5-0.
1
[1
Council Meeting Minutes -11-
ADJOURNMENT
January 9, 1989
t at 9x 05 ~.m.
Mayor
J~"'I'~t.C~D ~
T omas P. Ferber am s D. Prosser
City Clerk C' y Manager
The meeting was adjourned by unanimous conse
Date Approved: 1/23/89
ve J.
L